There have been a number of new digests added to the Housing Professionals forum over the past few weeks.
Most recently, London Borough of Camden, LON/00AG/HMK/2019/0021 focuses on Rent Repayment Orders as a result of the landlord failing to licence the HMO.
In this case, the respondent received a financial penalty of £1,500 for failing to licence the HMO, contrary to the Housing Act 2004, s. 72(1). He was also required to refund the two applicants £6,318 and £6,786 respectively and to pay the tribunal fees of £300.
In Torbay Council, CHI/00HH/HIV/2018/0001, the applicant had made a complaint to the council after the landlord had refused to repair the pump in the gas boiler. On inspection, four Category 1 hazards (Falling on Stairs, Crowding and Space, Excess Cold and Damp and Mould) and four Category 2 hazards (Lighting, Falling between levels, Fire and Crowd and Space) were identified at the property.
The landlord appealed the Improvement Notice that had been issued as a result of the inspection and the main thrust of the argument submitted was that the “tenant deliberately prevent(ed) the maintenance being carried out to gain an Improvement Notice to stay and prevent eviction".
In deciding this case, the Court confirmed the Improvement Notice but substituted the notice covering Crowding and Space for a suspended Prohibition Notice to protect the occupation by the current tenants.
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